Chander Shekhar And ORS v. State NCT Of Delhi & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6855/2024 CHANDER SHEKHAR AND ORS .....Petitioner Through:

Mr. Hemant Baisla & Mr. Shubham Tomar, Advocates with petitioners in person versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for State with Ms. Singdha Sood, Advocate SI Bharat PS Shalimar Bagh Mr. Ashok Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 02.09.2024 CRL.M.A. 26202/2024 & CRL.M.A. 26203/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Both these applications stand disposed of.

CRL.M.C. 6855/2024 1.

This petition is filed seeking quashing of FIR No.1077/2021 registered at PS Shalimar Bhagh, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 24th June 2023, which is on record of this Court.

2.

As per the settlement, out of total settlement amount of Rs. 4,5 lakhs, outstanding balance of Rs. 1.5 lakhs is being paid today vide DD no. 685785 dated 26th August 2024 drawn on Indian Bank. The same has been handed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:23:10

over to respondent no.2 who has duly received it in Court. 3.

Petitioner no.1 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Petitioner nos.2 to 6 are present through VC and are duly identified by the IO and their counsel. 4.

The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 1st August, 2023. No child was born out of wedlock. 5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.1077/2021 registered at PS Shalimar Bhagh, Delhi under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

ANISH DAYAL, J SEPTEMBER 2, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:23:10